Page:United States Statutes at Large Volume 115 Part 3.djvu/698

 115 STAT. 2772 PROCLAMATION 7449-JUNE 8, 2001 ^ Each Party shall ensure (hat its state enterprises, in the provision oftbeir goods or services, accord national and most favored nation trealmem to covered investments, subject to the provisions of paragraph 4 3 of Annex H A A Party may adopt or maintain exceptions to the obligations of paragraph 1 in the sectors or with respect to the matters specified in Annex H to this Agreement. In adopting such an exception, a Party may not require the ifiyestment, in whole or in pan, of covered investments existing at the time the exception becomes effective. B The obligations of paragraph 1 do not apply to procedures provided in multilateral agreements concluded under the auspices of the World Intellectual Property Organization relating lo the acquisition or maintenance of intellectual property rights Article 3 General Standard of Treatment Each Party shall at all times accord to covered investments fair and equitable treatment and full protection and security, and shall m no case accord treatment less favorable than that required by applicable rules of customary international law Each Party shall in no way impair by unreasonable and discriminatory measures the management, conduct, operation and sale or other disposition of covered investments Article 4 Dispute Settlement Each Party shall provide companies and nationals of the other Party with an effective means of asserting claims and enforcing rights with respect to covered investments In the event of an investment dispute, the parties to the dispute should attempt to resolve the dispute through consultation and negotiation, which may include the use of non-binding third-pariy procedures Subject to paragraph 3 of this Article, if the dispute has not been resolved through consultation and negotiations, a national or company of one Party that is a party to an investment dispute may submit the dispute for resolution under one of the following alternatives A to the competent courts or administrative tribunals of the Party in the territory of which the covered investment has been made, or i^l

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